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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-11-2013 03:19 pm
Case Number: CGC-10-501168
Filing Date: Sep-11-2013 03:14 pm
Filed by: MELINKA JONES
Juke Box: 001 Image: 04197920
JUDGMENT FOR DEFENDANT
JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF S ASSOCIATION,
Aetal
001004197920
Instructions:
Please place this sheet on top of the document to be scanned.DM SBN 77536 San Francisco x
. Murray
MURRAY & ASSOCIATES SEP it 2013
1781 Union Street
San Francisco, CA 94123 CLERK OF THE COURT
Tel: (415) 673-0555 Fax: (415) 928-4084 OEE cerca
Attorney for Defendants: DAVID WONG, , Deputy
MICHAEL ZEHNER, BRIAN SAVAGE,
and SHEDRICK McDANIELS
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOHNA PECOT, THOMAS ARATA, RICH Case No. CGC — 10 -501168
OWYANG, STEPHEN TILTON, JOSEPH
LEAKE, and OSCAR TAYLOR, Individually AMENDED JUDGMENT OF DISMISSAL ON
and on behalf of all other similarly situated CAUSES OF ACTION AGAINST
DEFENDANTS DAVID WONG, MICHAEL
Plaintiffs, ZEHNER, BRIAN SAVAGE AND
v. SHEDRICK McDANIELS AFTER ORDER
GRANTING SPECIAL MOTION TO STRIKE,
SAN FRANCISCO DEPUTY SHERIFF’S CAUSES OF ACTION IN THE COMPLAINT
ASSOCIATION, a California Nonprofit WITH AWARD OF ATTORNEY FEES TO
Corporation, SAN FRANCISCO DEPUTY DEFENDANT’S ATTORNEY LAWRENCE
SHERIFF’S FOUNDATION, a California D. MURRAY
Nonprofit Corporation, DAVID WONG, an
individual, MICHAEL ZEHNER, an individual, Date: July 8, 2011
BRIAN SAVAGE, an individual, SHEDRICK Time: 9:30 a.m.
McDANIELS, an individual, and DOES 1-100, Dept: 302
Defendants.
The Complaint in this matter was filed on June 30, 2010, by Plaintiffs JOHNA PECOT,
THOMAS ARATA, RICH OWYANG, STEPHEN TILTON, JOSEPH LEAKE, and OSCAR TAYLOR
against the SAN FRANCISCO DEPUTY SHERIFF’S ASSOCIATION, the SAN FRANCISCO
DEPUTY SHERIFF’S FOUNDATION, a California Nonprofit Corporation, DAVID WONG, an
individual, MICHAEL ZEHNER, an individual, BRIAN SAVAGE, an individual, SHEDRICK
McDANIELS, individually.
Pecot, et al. vs. SFDSA, et al. San Francisco Superior Court No: CGC - 10 — 501168 Page 1
AMENDED JUDGMENT FOR DEFENDANTS AFTER THE GRANTING OF THEIR SLAPP MOTIO”On May 3, 2011, DEFENDANTS DAVID WONG, MICHAEL ZEHNER, BRIAN SAVAGE,
and SHEDRICK MCDANIELS, and the SAN FRANCISCO DEPUTY SHERIFF’S FOUNDATION,
filed their Special Motion to Strike the Complaint reserving any application for attorney fees, pursuant to]
Code of Civil Procedure Section 425.16, Strategic Litigation Against Public Participation (SLAPP).
On July 8, 2011, at 9:30 am the SPECIAL MOTION TO STRIKE CAUSES OF ACTION IN
THE COMPLAINT, REQUEST FOR ATTORNEY FEES AND COSTS RESERVED FOR LATER
MOTION, DEFENDANTS DAVID WONG, MICHAEL ZEHNER, BRIAN SAVAGE, and
SHEDRICK MCDANIELS, and the SAN FRANCISCO DEPUTY SHERIFF’S FOUNDATION, came
on for hearing in Department 302, before the Honorable LORETTA GIORGI, Judge of the Superior
Court, with Paul L. Kranz, Esq. of Law Offices of Paul L. Kranz, appearing for plaintiffs and opposing
parties; Lawrence D. Murray, Esq. of Law Offices of Murray & Associates for the individual defendants
and moving parties; Andrew J. Mailhot, Esq. of Ongard Burtt & Louderback for the moving party
Defendant San Francisco Deputy Sheriff's Foundation.
The motion having been argued whereupon the Court took the matter under submission.
After hearing, on the Court's final ruling on the motion to strike was that DEFENDANTS DAVID
WONG, MICHAEL ZEHNER, BRIAN SAVAGE, and SHEDRICK MCDANIELS, and the SAN
FRANCISCO DEPUTY SHERIFF’S FOUNDATION Special Motion to Strike the 1-5th and 7th causes
The Saget Motion fo Strike. 1
of action under the.anti-SLAPP statute is gran
Li Cause o Ciion 1s pried ie
The 1-5" and 7th
causes of action arise from both protected petitioning and free speech activity (presenting the proposed
Union dues increase for a vote of the members and inducing the Union's members to vote for the
increase) and unprotected activity (misappropriation of the dues for purposes other than what was
promised). Because the gravamen of these causes of action is based on nonicidental protected activity
and well as unprotected activity, the first prong of the anti-SLAPP analysis is satisfied. Haight Ashbury
Free Clinics, Inc. v. Happening House Ventures (2010) 184 Cal.App.4th 1539. Plaintiffs have not and
cannot meet their burden due to the Statute of Limitations as to the 1*— 5" causes of action, and the 7
cause of action is barred under the doctrine of Res Judicata as it is identical to a cause of action brought
before and dismissed in Federal Court. Accordingly, the defendants’ Special Motion to Strike as to the
1*— 5" and 7" causes of action was granted. The Court orders the 1‘ -5'" and 7" causes of action
dismissed with prejudice against the individual defendants David Wong, Michael Zehner, Brian Savage,
and Shedrick McDaniels, and the San Francisco Deputy Sheriff's Foundation.
Pecot, et al. vs. SFDSA, et al.; San Francisco Superior Court No: CGC ~ 10 — 501168 Page 2
AMENDED JUDGMENT FOR DEFENDANTS AFTER THE GRANTING OF THEIR SLAPP MOTION27
28
THEREFORE, JUDGMENT SHALL ENTER AS FOLLOWS:
1. Plaintiff's claims asserted in Counts 1-5 and Count 7 against defendants David Wong,
Michael Zehner, Brain Savage and Shedrick McDaniels, and the San Francisco Deputy Sheriff's
Foundation are dismissed.
ae: 4/11 [1
Approved As To Form
Paul Kranz
Attorney for Plaintiffs
Pecot, et al. vs. SFDSA, et al.; San Francisco Superior Court No: CGC — 10 — 501168 Page 3
AMENDED JUDGMENT FOR DEFENDANTS AFTER THE GRANTING OF THEIR SLAPP MOTION
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A SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-11-2013 03:19 pm Case Number: CGC-10-501168 Filing Date: Sep-11-2013 03:14 pm Filed by: MELINKA JONES Juke Box: 001 Image: 04197920 JUDGMENT FOR DEFENDANT JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF S ASSOCIATION, Aetal 001004197920 Instructions: Please place this sheet on top of the document to be scanned.DM SBN 77536 San Francisco x . Murray MURRAY & ASSOCIATES SEP it 2013 1781 Union Street San Francisco, CA 94123 CLERK OF THE COURT Tel: (415) 673-0555 Fax: (415) 928-4084 OEE cerca Attorney for Defendants: DAVID WONG, , Deputy MICHAEL ZEHNER, BRIAN SAVAGE, and SHEDRICK McDANIELS SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JOHNA PECOT, THOMAS ARATA, RICH Case No. CGC — 10 -501168 OWYANG, STEPHEN TILTON, JOSEPH LEAKE, and OSCAR TAYLOR, Individually AMENDED JUDGMENT OF DISMISSAL ON and on behalf of all other similarly situated CAUSES OF ACTION AGAINST DEFENDANTS DAVID WONG, MICHAEL Plaintiffs, ZEHNER, BRIAN SAVAGE AND v. SHEDRICK McDANIELS AFTER ORDER GRANTING SPECIAL MOTION TO STRIKE, SAN FRANCISCO DEPUTY SHERIFF’S CAUSES OF ACTION IN THE COMPLAINT ASSOCIATION, a California Nonprofit WITH AWARD OF ATTORNEY FEES TO Corporation, SAN FRANCISCO DEPUTY DEFENDANT’S ATTORNEY LAWRENCE SHERIFF’S FOUNDATION, a California D. MURRAY Nonprofit Corporation, DAVID WONG, an individual, MICHAEL ZEHNER, an individual, Date: July 8, 2011 BRIAN SAVAGE, an individual, SHEDRICK Time: 9:30 a.m. McDANIELS, an individual, and DOES 1-100, Dept: 302 Defendants. The Complaint in this matter was filed on June 30, 2010, by Plaintiffs JOHNA PECOT, THOMAS ARATA, RICH OWYANG, STEPHEN TILTON, JOSEPH LEAKE, and OSCAR TAYLOR against the SAN FRANCISCO DEPUTY SHERIFF’S ASSOCIATION, the SAN FRANCISCO DEPUTY SHERIFF’S FOUNDATION, a California Nonprofit Corporation, DAVID WONG, an individual, MICHAEL ZEHNER, an individual, BRIAN SAVAGE, an individual, SHEDRICK McDANIELS, individually. Pecot, et al. vs. SFDSA, et al. San Francisco Superior Court No: CGC - 10 — 501168 Page 1 AMENDED JUDGMENT FOR DEFENDANTS AFTER THE GRANTING OF THEIR SLAPP MOTIO”On May 3, 2011, DEFENDANTS DAVID WONG, MICHAEL ZEHNER, BRIAN SAVAGE, and SHEDRICK MCDANIELS, and the SAN FRANCISCO DEPUTY SHERIFF’S FOUNDATION, filed their Special Motion to Strike the Complaint reserving any application for attorney fees, pursuant to] Code of Civil Procedure Section 425.16, Strategic Litigation Against Public Participation (SLAPP). On July 8, 2011, at 9:30 am the SPECIAL MOTION TO STRIKE CAUSES OF ACTION IN THE COMPLAINT, REQUEST FOR ATTORNEY FEES AND COSTS RESERVED FOR LATER MOTION, DEFENDANTS DAVID WONG, MICHAEL ZEHNER, BRIAN SAVAGE, and SHEDRICK MCDANIELS, and the SAN FRANCISCO DEPUTY SHERIFF’S FOUNDATION, came on for hearing in Department 302, before the Honorable LORETTA GIORGI, Judge of the Superior Court, with Paul L. Kranz, Esq. of Law Offices of Paul L. Kranz, appearing for plaintiffs and opposing parties; Lawrence D. Murray, Esq. of Law Offices of Murray & Associates for the individual defendants and moving parties; Andrew J. Mailhot, Esq. of Ongard Burtt & Louderback for the moving party Defendant San Francisco Deputy Sheriff's Foundation. The motion having been argued whereupon the Court took the matter under submission. After hearing, on the Court's final ruling on the motion to strike was that DEFENDANTS DAVID WONG, MICHAEL ZEHNER, BRIAN SAVAGE, and SHEDRICK MCDANIELS, and the SAN FRANCISCO DEPUTY SHERIFF’S FOUNDATION Special Motion to Strike the 1-5th and 7th causes The Saget Motion fo Strike. 1 of action under the.anti-SLAPP statute is gran Li Cause o Ciion 1s pried ie The 1-5" and 7th causes of action arise from both protected petitioning and free speech activity (presenting the proposed Union dues increase for a vote of the members and inducing the Union's members to vote for the increase) and unprotected activity (misappropriation of the dues for purposes other than what was promised). Because the gravamen of these causes of action is based on nonicidental protected activity and well as unprotected activity, the first prong of the anti-SLAPP analysis is satisfied. Haight Ashbury Free Clinics, Inc. v. Happening House Ventures (2010) 184 Cal.App.4th 1539. Plaintiffs have not and cannot meet their burden due to the Statute of Limitations as to the 1*— 5" causes of action, and the 7 cause of action is barred under the doctrine of Res Judicata as it is identical to a cause of action brought before and dismissed in Federal Court. Accordingly, the defendants’ Special Motion to Strike as to the 1*— 5" and 7" causes of action was granted. The Court orders the 1‘ -5'" and 7" causes of action dismissed with prejudice against the individual defendants David Wong, Michael Zehner, Brian Savage, and Shedrick McDaniels, and the San Francisco Deputy Sheriff's Foundation. Pecot, et al. vs. SFDSA, et al.; San Francisco Superior Court No: CGC ~ 10 — 501168 Page 2 AMENDED JUDGMENT FOR DEFENDANTS AFTER THE GRANTING OF THEIR SLAPP MOTION27 28 THEREFORE, JUDGMENT SHALL ENTER AS FOLLOWS: 1. Plaintiff's claims asserted in Counts 1-5 and Count 7 against defendants David Wong, Michael Zehner, Brain Savage and Shedrick McDaniels, and the San Francisco Deputy Sheriff's Foundation are dismissed. ae: 4/11 [1 Approved As To Form Paul Kranz Attorney for Plaintiffs Pecot, et al. vs. SFDSA, et al.; San Francisco Superior Court No: CGC — 10 — 501168 Page 3 AMENDED JUDGMENT FOR DEFENDANTS AFTER THE GRANTING OF THEIR SLAPP MOTION